ELR Citation: ELR 20474
No(s). 73-22-Orl-Civ.-Y (M.D. Fla. Feb 28, 1974)

Under the Clean Air Act, it is illegal for a car dealer knowingly to allow a car without an idle speed solenoid or a functioning transmission-controlled spark system to be released since these are emission-control devices covered by the act. Neither the fact that the removal of the devices was done by the car dealer's employees not that such action was claimed to have been taken to determine the cause of fires in the automobile renders the action legal, as the car dealer knowingly returned the auto without re-installing the devices. As a result, a civil penalty of $500 imposed upon the dealer is valid as a matter of law, but there are, under these circumstances, no grounds for issuing an injunction against the dealer.

Counsel for Petitioners
John E. Varnum
Department of Justice
Washington, DC 20530

Counsel for Defendants
Roland & Petruska
33 E. Robinson St.
Orlando, FL 32801